What Does a Civil Drafter Do?

A third party in a civil lawsuit refers to a person who has an independent claim on the subject of the dispute, or although he does not have an independent claim, but the outcome of the case has a legal interest in it, and participates in the lawsuit that the plaintiff and defendant have already begun The person who litigated. The claimant of the plaintiff or defendant argues that he has an independent claim, or that the outcome of the case may have a legal interest in it. This is the basis for a third party to participate in the lawsuit. The third party has some kind of civil legal relationship with the plaintiff or defendant, and the outcome of the trial of the case may have a legal interest with the third party. This is the fundamental point that the third party is different from the co- litigant and the litigant agent.

Third party in civil proceedings

The third party in a civil lawsuit refers to the independence of the subject matter of the disputes of others

Before the ancient society, due to the backward level of development of productive forces, the one-off between two identical subjects became the basic mode of civil communication at that time. This also determines that the "two-suit lawsuit pattern" that the plaintiff tells the defendant usually exists in trial practice in civil lawsuits. Although Roman law recognizes third parties who have an interest in litigation against others, they can independently apply to participate in the litigation and appeal or declare dissatisfaction. The reason for adopting such a system in Roman law is to facilitate the interested parties outside the lawsuit and protect their legitimate rights and interests, but the third-party system of litigation has not been established in Roman law. After the sixteenth and seventeenth centuries, the development of productive forces broadened the field of civil exchanges. Civil exchanges broke through the connection formed by two opposing requirements, and several economic entities formed a chain that interconnected and affected each other. When illegal or infringing behaviors occur at a certain point in the chain, chain reactions are often caused. In the face of these complex disputes, the traditional "two constructions litigation pattern" has fully exposed its shortcomings. Because if we cut down the serials into a series of "two suits", it will often result in waste of litigation and conflicts in adjudication, contrary to the economic principles of litigation and

Third Party Features of Civil Litigation

1. The claimant of the plaintiff or defendant argues that he has an independent claim, or that the outcome of the case may have a legal interest in it. This is the basis for a third party to participate in the lawsuit. The third party has some kind of civil legal relationship with the plaintiff or defendant, and the outcome of the trial of the case may have a legal interest with the third party. This is the fundamental point that the third party is different from the co- litigant and the litigant agent.

2. You must participate in the lawsuit after the lawsuit has begun and before the conclusion of the trial. The third party must participate in the lawsuit on the premise that the lawsuit between the plaintiff and the defendant is ongoing. If the lawsuit between the plaintiff and the defendant has not yet begun, or the lawsuit between the plaintiff and the defendant has ended, the people's court has concluded the trial It is impossible for anyone to become a third party through litigation.

3 The third person is a person who has an interest in the case. This interest comes from two aspects: one is the infringement or dispute with the plaintiff and the defendant from this lawsuit; the other is the result of the court's handling of the lawsuit.

The purpose of participating in the litigation is: first, to simplify the litigation procedure and thoroughly resolve the disputes connected to each other; second, to safeguard their rights and interests. The third party's participation in the lawsuit is not to protect the interests of the plaintiff or the defendant. Even if he sometimes participates in the litigation of one of the parties, it is not to protect the interests of the participating party, but to defend himself in his own name. Participation in litigation.

Classification of third parties in civil litigation

The classification of third parties in the litigation law varies from country to country. According to the "Civil Procedural Law of the People's Republic of China", the third party in China's civil litigation is divided into two categories: one is a third party with independent claims; the other is a third party without independent claims.

A third party in a civil action has an independent claim

A third party with independent claims refers to a person who has taken part in a lawsuit against another person and has an independent claim. A third party other than this lawsuit has the independent claim right against the plaintiff and the defendant, regardless of whether they have all the independent claims or part of the independent claims. Third person. The third person with independent claim has the following characteristics: The person who is the subject of the dispute between the plaintiff and the defendant believes that he has all or part of the independent claim. The so-called "independent claim" refers to a third party who considers that the subject of the dispute between the plaintiff and the defendant is the subject of the lawsuit, and its legal rights are wholly or partly its own. This judgment can only be determined after the people's court has tried the case. This lawsuit is ongoing. A third person with an independent claim must join the lawsuit when the lawsuit has already begun and has not yet ended. In the litigation status of the plaintiff. According to Article 65 of the "Opinions of the Supreme People's Court on the Application of the" Civil Procedure Law of the People's Republic of China "," a third person with an independent claim right has the right to submit a lawsuit request, facts, and reasons to the people's court and become a party. "In fact, a third person with an independent claim right participated in the lawsuit by filing a lawsuit, and his status in the lawsuit is equivalent to that of the plaintiff, that is, the plaintiff and the defendant in this lawsuit are the two sides of the lawsuit structure. This is because he Neither agrees with the plaintiff's claim, nor agrees with the defendant in this case. He believes that whether the plaintiff wins or the defendant wins, it will damage his civil rights. In fact, he filed a new lawsuit with the people's court as an independent entity right holder. In this "new lawsuit," the plaintiff is a third party with independent claims, and the defendant is the plaintiff and the defendant in this lawsuit. The subject matter of the lawsuit is all or part of the subject matter of the lawsuit. The grounds of the lawsuit are the facts and reasons claimed by a third party who has the right of independent claim. He holds independence in the lawsuit, and can make claims, provide evidence, conduct debates and raise Appeals, etc., and any actions of the plaintiff or defendant in this case will not have binding effect on him, and he is not the plaintiff or co-plaintiff in this case.

Third party in civil action has no independent claim

A third party without an independent right of claim is the subject of the litigation between the parties to the lawsuit that has been conducted. Although there is no independent right of claim, the result of the case processing has a legal interest in it and participates in the defense of their own interests. (According to the original, the defendant's application or notification by the people's court to participate) The person who went to the party to proceed with the lawsuit. The characteristics of a third person without an independent claim: The basis for participating in the lawsuit is the result of the case processing, which has a legal interest with him. The so-called "legal interest" refers to the legal relationship involved in the subject matter of the dispute between the parties, and it is implicated in another legal relationship involving a third person who has no independent claim. In the latter legal relationship, whether or not a third party without an independent claim has exercised its rights and performed its obligations has a direct impact on the exercise of the rights and performance of the parties in the previous legal relationship. In the legal relationship between the plaintiff and the defendant, in the legal relationship between the plaintiff and the defendant, the direct liability should be borne by the party that did not perform or improperly perform the loss caused by the failure or improper performance of the obligation by one party, It is due to the fault of a third person who has no independent claim for power. If the court decides that a party has lost the case, assumes some legal responsibility or fulfills some obligation, the party has the right to request a third party who has no independent right to claim damages or perform the corresponding obligations; if the court decides that the party wins, he is also in Legally defended some of their rights. There is no independent right of claim against the plaintiff and the defendant. However, as the result of the case processing may have a legal interest with a third party who has no independent right of claim, his legal rights and interests are involved. Therefore, he always participates in litigation by one of the parties, and in the proceedings always supports the claims of the participating parties, provides evidence and debates for the party he supports. The so-called lack of independent claims generally refers to the substantive rights of the dispute between the parties in this lawsuit, and it is not possible to present new evidence based on the qualifications of the substantive rights holders. A third party without an independent claim right has an independent litigation status, but is not a party in the complete sense. He is neither the plaintiff nor the defendant. He is a unique party who participates in the lawsuit in order to safeguard his legitimate rights and interests. Independent litigation status. A third person without an independent claim shall not engage in litigation that is contrary to the status and purpose of the participant, such as no application for withdrawal or litigation; no counterclaim, no recognition of the litigation request of the other party, and no objection to the participant In the case of mediation, in the lawsuit, the third party without the independent claim has the litigation rights and obligations of the parties, and the people's court has judged that the third person without the independent claim for civil liability has refused to accept the judgment of the people's court of first instance. , Has the right to appeal, but the third person has no right to challenge the jurisdiction in the first instance, no right to waive, change the claim or apply for withdrawal ^[1] .